Tuesday, July 7, 2015

Should you pay a "civil demand" from a retailer after you are caught shoplifting? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q: What happens if you do not pay a civil recovery off? After paying all court costs and fines that were required there was a notice from the store merchandise was taken from asking for $100 if paid before the 16th of that month and if not paid by then it would be $200.

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Answered 8 days ago. I am not an AL lawyer and cannot speak to matters of AL law or procedure but in FL, where I have been a practicing criminal defense litigator for nearly a quarter of a century I come across these civil retail theft demands frequently and, across the board, each and every time, I advise folks not to pay them.

In Florida, in order for a retailer to get the penalty, the retailer has to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more just to file, and hundreds or even thousands more to prosecute their claim.

In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is a personal, and a not a criminal defense attorney related question.

All of that said, again I am not an AL lawyer and you are best advised to find a Daphne, AL area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!